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Home My WebLink About1979-09-18 Resolutionf RESOLUTION NO. 449 RESOLUTION TO REFUND A PORTION OF CLASS -L LIQUOR LICENSE FEE WHEREAS. Jirsa-Lovetinsky, Ltd, dha/ Moody Blue at 1200 South Gilbert Court has surrendered Liquor License H LC -9203 to the Iowa State Beer r,, Liquor Control Department, and has received the State share of 35% of one quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City, share of 65$ of one quarter of the liquor license fee, BE IT RESOLVED BY TIiE• CITY COUNCIL OF IOWA CITY, I019A, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 payable to Jirsa-Lovetinsky, Ltd. dba Moody Blue for refund of portion of Liquor License a LC -9203 It was moved by rv, and seconded b that the Resolution as read he adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perrot Roberts Vevera Passed and approved this 18th day of September 19 79. ATTEST: Mayor City Clerk MICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M I r i ' I j ' I j 1 j. RESOLUTION NO. 449 RESOLUTION TO REFUND A PORTION OF CLASS -L LIQUOR LICENSE FEE WHEREAS. Jirsa-Lovetinsky, Ltd, dha/ Moody Blue at 1200 South Gilbert Court has surrendered Liquor License H LC -9203 to the Iowa State Beer r,, Liquor Control Department, and has received the State share of 35% of one quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City, share of 65$ of one quarter of the liquor license fee, BE IT RESOLVED BY TIiE• CITY COUNCIL OF IOWA CITY, I019A, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 payable to Jirsa-Lovetinsky, Ltd. dba Moody Blue for refund of portion of Liquor License a LC -9203 It was moved by rv, and seconded b that the Resolution as read he adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perrot Roberts Vevera Passed and approved this 18th day of September 19 79. ATTEST: Mayor City Clerk MICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M m I UOUOR CONTROL COUNCIL MEMBERS: JOAN BALLANTYNE DON BELL BENNETT GORDON GLEN POSES JAMES MULOUEEN HON. ROBERT D. RAY, GOVERNOR ROLLAND A. GALLAGHER IOWA BEER & LIQUOR CONTROL DEPARTMENT DIRECTOR STATE OFFICE BUILDING GEORGE M. PRICE 300 FOURTH STREET DEPUTY DIRECTOR DES MOINES, IOWA 50319 515 - 281-5101 September 10. 1979 REFUND NOTICE M rsa-Lovetinsky, Ltd. Moody Blue 1200 South Gilbert Court Iowa City, Iowa 52240 Enclosed is State Warrant H 07909972 ,XOINIXMXIMIIIOMxxx ntl11M)tlUOfXIONM)O)(XiM Nd )ft)8p(DdlgfOpflRl( for the amount of $ 113.75 Local authorities receive 65% of liquor license and Sunday sales permit fees. Some refunds are made on liquor licenses before any amount has been transferred to the local authority. When this occurs, the state makes the total refund. Local authorities cannot refund that portion of the Sunday liquor fees remitted to them. Refunds are made on the quarterly usage basis of yearly cost of a liquor control license or beer permit. LIQUOR LICENSE NO. LC -9203 One quarter $325.00 State $113.75 City or County $211.25 Two quarters State City or County Three quarters State City or County Please apply to the city of Iowa City for their share of the refund. SUNDAY SALES PERMIT NO. One quarter Two quarters Three quarters WRA:grn Enc. City Clerk cc: State State State City or County City or County City or County Very truly yours, William R. Armstron Supervisor of Permits & Licenses License: Division MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIDES I I i i r , I I I i 1 i n RESOLUTION NO. 448 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following cation and paid the mfirms and persons have made appli- ulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED 13Y THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Hawkeye Amusement at Kane Depot, 114 Wright St. 1gbWk12X9EX10MdFw%kl(IMgXX�XX19ffiAXXXD,�WItXXk&AX%XXDWW13lgXIpX Sinclair Marketing, Inc. at 731 S. Riverside Drive it was moved by �rre4 that the Resolution as rea aoatedseconded b '_=_ Y 1 ;ll were: adopted, and upon roll call there Balmer AYES: NAYS: ABSENT: f ; dePros=_ � I Erdah_ hl Neuhau-_ � Perre_ t - i Roberts ' Vevera Passed and approved this 19 79 18th day of September , a -4& -May Attes' ty Clerk d'_ MCROFIIMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111E5 1907 Ii RESOLUTION NO. 79-450 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY80 BUDGET ENDING JUNE 30, 1980. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Center at 7:30 p.m., September 25, 1979, to permit any taxpayer to be heard for or against the proposed amendment to the FY1980 Budget ending June 30, 1980. The City Clerk is herbby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. It was moved by (7ek-1-64 and seconded by hhlrnor that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer ✓ deProsse Erdahl ✓ Neuhauser ✓ Perret f Roberts Vevera Passed and approved this 18th day of September 1979 --ROBERT VEVERA, MAYOR ATTEST: 1&_ ABBIE ST LFUS, CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110MES RECEIP59 6 APMIOV0 BY TBE LEGAL.DFPA"iIENT WM i W RESOLUTION NO. %9-5ZS- RESOLUTION APPROVING COUBINED PRELIMINARY AND FINAL PLATS OF HICKORY RIDGE ESTATES SUBDIVISION. WHEREAS, the owner and proprietor, Charles Scott Froeming and Sandra Lee Froeming, have filed with the Iowa City Clerk a combined preliminary and final plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the North Quarter Corner of Section 29, Township 80 North, Range 5 West of the 5th Principal Meridian; thence S 00000'00" E, 797.46 feet along an existing fence line; thence S 47°47'23" E, 363.45 feet along an existing fence line; thence S 45°40'21" W, 554.64 feet; thence S 21°01'52" E, 563.37 feet to the center- line of the County Road and the Point of Beginning; thence Southwesterly 432.09 feet on a 1432.50 foot radius curve concave Northwesterly along said center- line; thence S 22°13'58" E, 596.22 feet; thence S 89°29111" E, 50.00 feet; thence S 22°13'58" E, 50.31 feet; thence S 89°29'11" E, 720.14 feet; thence N 38°15'09" W, 1019.00 feet to the Point of Beginning. Said tract of land containing 10.05 acres. AND WHEREAS, said property is owned by the above named individuals and the Dedication has been made with their free consent and in accordance with their desire and intent; AND WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements; AND WHEREAS, said plat and subdivision were examined by the Planning and Zoning Commission for Iowa City, Iowa, which Commission recommended that said plat and subdivision be accepted and approved; U D AND WHEREAS, the subdivision is located outside of the corporal JUL T 71979 ABBIE STOLFUS, CMC CITY CLERK (3) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t101NES Na.5 -2- limits of the City of Iowa City, Iowa, but within a distance of two (2) miles thereof; AND WHEREAS, the owner has executed an agreement with the City of Iowa City, Iowa pertaining to the dedication of certain improvements upon an annexation of the subdivision into the City of Iowa City, Iowa; AND WHEREAS, the Planning & Zoning Commission and the City Council for the City of Iowa City, Iowa, have approved a variance of a reduction of the pavement width requirements set out in Section 32-7(b) of the subdivision regulations of the Iowa City Code permitting the width of the street in this subdivision to be reduced from 28 feet back-to-back of curb to 22 feet back-to-back of curb, since the provision has been made for the storage of more than five (5) automobiles on each lot as provided in Section 3.10.25 of the zoning ordinance for the reason that this subdivision includes a cul-de-sac street being less than 900 feet in length; 11011, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that said combined preliminary and final plats and subdivision known as "HICKORY RIDGE ESTATES" located on the above described real estate be and the same is hereby approved; BE IT FURTHER RESOLVED that the variance in width of the paved roadway as described above is hereby approved pursuant to Section 32-7(d) of the subdivision regulations of the Iowa City Code; BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOINES : l I i c I I 1 I; i I � I r I,. i i I i �f i -2- limits of the City of Iowa City, Iowa, but within a distance of two (2) miles thereof; AND WHEREAS, the owner has executed an agreement with the City of Iowa City, Iowa pertaining to the dedication of certain improvements upon an annexation of the subdivision into the City of Iowa City, Iowa; AND WHEREAS, the Planning & Zoning Commission and the City Council for the City of Iowa City, Iowa, have approved a variance of a reduction of the pavement width requirements set out in Section 32-7(b) of the subdivision regulations of the Iowa City Code permitting the width of the street in this subdivision to be reduced from 28 feet back-to-back of curb to 22 feet back-to-back of curb, since the provision has been made for the storage of more than five (5) automobiles on each lot as provided in Section 3.10.25 of the zoning ordinance for the reason that this subdivision includes a cul-de-sac street being less than 900 feet in length; 11011, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that said combined preliminary and final plats and subdivision known as "HICKORY RIDGE ESTATES" located on the above described real estate be and the same is hereby approved; BE IT FURTHER RESOLVED that the variance in width of the paved roadway as described above is hereby approved pursuant to Section 32-7(d) of the subdivision regulations of the Iowa City Code; BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOINES I, 1 -3- hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. CITY OF I01 -IA CITY, IOWA BY: Robert Vevera MAYOR ATTEST: Abbie Stolfus, CITY CLERK. [SEAL] The above and foregoing Resolution was introduced by Councilperson Ile.,, ,,4- , who moved its adoption. It was seconded by Councilperson _ (Iv,]n,yY After discussion, the following roll call was called: AYE NAE Vevera i Balmer DeProsse Perret i Roberts Neuhauser Evdakl yi whereupon the Mayor declared the Motion duly carried and the Resolution duly adopted this 1f" day of Sr,/, 1979. � oar ATTEST: Robert Vevera pypR ] 7 1979 " c , Raeeived b Approved ABBIE STOLFUS, CMC bi. stolfus,sy The Legal Depadmsnf CITY CLERK (3) CITY CLERK. [sent] I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES i q ii i t i. I i I i 1 i 1 1 -3- hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. CITY OF I01 -IA CITY, IOWA BY: Robert Vevera MAYOR ATTEST: Abbie Stolfus, CITY CLERK. [SEAL] The above and foregoing Resolution was introduced by Councilperson Ile.,, ,,4- , who moved its adoption. It was seconded by Councilperson _ (Iv,]n,yY After discussion, the following roll call was called: AYE NAE Vevera i Balmer DeProsse Perret i Roberts Neuhauser Evdakl yi whereupon the Mayor declared the Motion duly carried and the Resolution duly adopted this 1f" day of Sr,/, 1979. � oar ATTEST: Robert Vevera pypR ] 7 1979 " c , Raeeived b Approved ABBIE STOLFUS, CMC bi. stolfus,sy The Legal Depadmsnf CITY CLERK (3) CITY CLERK. [sent] I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES a r RESOLUTION NO. 79_SL5 a RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF 4HF: NFTa SITE IMPWVE MTS - ASPHALT OVERLAY PROD Nnnrn;nnn I ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of_ $2,500.00 Treasurer, City of Iowa City, Iowa. Payable to 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not lees than four (4) nor more than twenty (20) days before the date established for the receipt of bide. 4. That bids for the construction of the above-named project o be received are t by the City of Iowa City Iwo t I , a the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 2nd day of October the bide will ba opened by the 19.79 Thereafter, City Engin or h. I and thereupon referred to the Council of the City of Iwa City, Iwa, for action upon said bide at its next meeting to be hold at the Council Chambers, Civic Center, Iwa City, Iwa, at 7:30 P.M. on the 2nd day of October 1979 I — IttCEIVED & APPROVED. FY ; I►lG9I1 LEPy.RT',�rBJT _9- j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES II011IES i i Page 2 Resolution No. �g-yea i I It was moved by QkseY' and seconded by e11 e� that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: BAIM6R DEPROSSE ERDAHL NEUHAUSER v PERRET ✓ ROBERTS i I VEVERA Passed and approved this /P01 day of Se c e , 1977. I ? OZ/ATTEST: �J CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES KAYOR I { i , I 4 I i! I ji i i i i I i ` 11 i i I i L MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES KAYOR ■, RESOLUTION NO. _79_4 3 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CURB RAMP PROGRAM - 197 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. r - WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $3,500.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk in hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until _ 10:nO A.M. on the 2nd day of October 19.M. Thereafter, the bids will be opened by the City Ene;nepr rr h;c ;�� , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 2nd day of _ rk-+rl r r , 19 79 . MICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES IIOIRES FSCFl1W n 3.PFROM" III CcF.!i Iona D1011=11Z (fall 3 L i L l� 7 Page 2 Resolution No, It was moved byr and seconded by I/14 p� that the Resolution as rea e a opte , and upon roll call there were: AYES: NAYS: ABSENT: z/ BALMER ✓ DEPIUSSE ERDAHL NEUHAUSER t/ PERRET ✓ ROBERTS ✓ VEVERA Passed and approved this 1, "' day of IS 4 l 6 V 19 41C/� MAYOR ' ATTEST CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES s a � nl RESOLUTION NO. RESOLUTION APPROVING THE LOWER RALSTON CREEK NEIGHBORHOOD REDEVELOPMENT PLAN, AS REQUIRED BY CHAPTER 403 OF THE CODE OF IOWA WHEREAS, the City of Iowa City, Iowa, is empowered pursuant to Chapter 403, Code of Iowa, 1979, to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation; and, WHEREAS, the Lower Ralston Creek Neighborhood has been found to be in need of conservation, rehabilitation and redevelopment to prevent decay and spread of blight; and, WHEREAS, the City of Iowa City has developed a plan for the conservation rehabilitation and redevelopment of the Lower Ralston Creek Neighborhood; and,, WHEREAS, said plan has been reviewed by the Iowa City Planning and Zoning Commission and has been found to be in conformance with the Comprehensive Plan for Iowa City; and, WHEREAS, the City of Iowa City has held a public hearing on the redevelopment plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, that the City Council has considered the Lower Ralston Creek Neighborhood Redevelopment Plan and it is hereby found by the City Council that: 1. A feasible method exists for relocating families who will be displaced from the neighborhood redevelopment area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families, and 2. The Neighborhood Redevelopment Plan conforms to the Comprehensive Plan for Iowa City, Iowa. It was movedby �r�n �� I and seconded b that the resolution as read be adopted, and upon roll call there were:pr" AYES: NAYS: ABSENT: V Balmer V deProsse —� Erdahl Neuhauser Perret Roberts Vevera Passed and approved this_. J�jl+i� day of Seh,�n,� e r 1979. mayor -- ATTEST:/j- City AFFROTED Ti,A G Ti:GAU DI i':LIif:CSNT. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES 183 7 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER OF IOWA CITY TO OFFER A CABLE TELEVISION FRANCHISE TO EASTERN IOWA CABLEVISION, INC. WH EAS, the City Council of Iowa City in Resolution No. 78 I39, passed April 18, 1978, adopted a cable television policy and cable television proced res for the selection and designation of one or more cable televis'on franchises to provide cable service to Iowa Cit and WHEREAS, t e City Council of Iowa City has adopted Ordinance No. 78-2917 setting for h comprehensive regulations of cable servile in Iowa City and further estab fishing a procedure for the evaluation and selection of one or more cable t levision operators, and WHEREAS, pursuan to these procedures the City ha received applications from Ha Cable ision Corporation and Eastern owa Cablevision, Inc., and further pursua t to these procedures the.-City's cable television advisory staff alon with the City's cable television consultant have evaluated the proposa submitted by Hawkeye Cablevision Corporation and Eastern Iowa Cablevi 'on, Inc., with particular attention to the following items: I i I a. The applicant's 1 al, financialand technical qualification; b• The adequacy and f sibilit of applicant's technical design and construction arra emen , C. The applicant's perform 'e record in other communities; i nities; d• The adequacy of propo ed ervices in light of the needs and expectations of the comm ity, and whether such services satisfy the spirit s well\ as the letter of the Broadband Telecommunications rdinance o. 78-2917 of the City of Iowa City; WHEREAS, the citizens of o City at a re rendum held on November 28, 1978, approved the prop sal to grant a cable television franchise to Eastern Iowa Cablevisio , Inc., and, WHEREAS, the City Co ncil deems it to be in the public interest to grant a second non-exclusio cable television franchise at this time, and, WHEREAS, the Cit Council of Iowa City reserves thy\ right, pursuant to state law and Ordinance No. 78-2917, to grant further non-exclusive cable television frp chises in the future at such time or times as deemed to be in the publip interest by the City Council of Iowa City nd the Iowa City Broadband TTdlecommunications Commission. NOW T ERE RE BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: l i iI. ,/The City Manager is authorized and directed to offer a cable I� ! television franchise to Eastern Iowa Cablevision, Inc, in accordance j I with the provisions of Ordinance No. 78-2917 and all applicable rules F MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES (t 39 and regulations for the Federal Communications Commission and laws of the State of Iowa subject to satisfactor ou standing matters identified by the Cit clarification of any tel ision advisory staff, or the company, y Mana er 9 l the cable 2• It is i tended that an October 3 1979 at whichltime the Cou shal ordinance y Council shall completed by franchise to pec�fically and formally granti entertain an astern Iowa Cablevision, Inc, 9 a non-exclusive It was moved that the resolution as ead be adoptedaand s nd u eco ed b P roll all there e AYES: NAYS: were: ABSENT: —�— Bal r de se d 1 N5 a auser ret all be rts era Passed and approved thi day o e 1979. ATTEST: RECEIVED & 4TPTrViD AY 12W, LI'A[iilCs7T A ri _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES ro ltloet RESOLUTION NO. 72-211SS RESOLUTION AUTHORIZING EXECUTION OF LEASE WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION. WHEREAS, the City of Iowa City, Iowa, has negotiated a lease with Johnson County Agricultural Association, a copy of said lease being attached to this Resolution and by this refer- ence made a part hereof, and, WHEREAS the City Council deems it in the public interest to enter into said lease for the rental of 7,500 square feet at the 4-H grounds for a price of $350 per month for ten months out of the year from September 1, 1979 through June 30, 1980, said rental property to provide covered, heated storage for equipment from the City Street Division and other Divisions in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: i 1. That the Mayor and City Clerk are hereby authorized and directed to execute the lease with Johnson County Agricul- tural Association. 2. That the City Clerk shall furnish copies of said lease to any citizen requesting same. j f It was moved by �zi�ros e. and seconded by rj_,Ily,e� the Resolution be adopted, and upon roll call there were: ii AYES: NAYS: ABSENT: — Balmer i r � t ✓ deProsse j I v Erdahl I !' Neuhauser ✓ Perret , Roberts !, fi 1 Vevera i Passed and approved this I$ day of Se�rizm�er 19jq MA OR ATTEST: L tiL ,tL1J RECEIVED b kniThO'"D BY 1aT L$.AL DIILRTI�YT CITY CLERK , i41' �:: w X839 I , I' I MICROFILMED BY� ` JORM MICROLAB I CEDAR RAPIDS -DES MOINES IOWA STATI OAR ASSOCIATION Aziiiss p O@dW Perm No. 70 rr w sue oral., ;a" as r.... awn A1416y r 1 LEASE -BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, mode and entered into this WL day of P . 19.21, by and between Johnson County Agricultural A_ssnciation hereinafter called the "Landlord") whoa address for the prpa of this lana Is 251 Federal Bldg. P.O. n. 99.9 Inwrx (Slrost and Number) (City) City, Iowa 52240 and (slate) (Zip Coda) (hereinafter celled the "Tosant'l whoa addnu for the prpa of this lana In 410 E. Washington St.. Iowa City Iowa 52240 (Srreaf and Number) (city) WITNESSETH THAT: (staff) (zip Code) I. MMISU AND TERM. The Landlord, In consideration of the rents herein reserved and of the aggreements and conditions here. In contained, on the pert of the Tenant to be kept and performed. Iwws unto the Tenant and Tenant hereby seats and lease, from Land. lord, according to the farme and provisices heroin. No fWkW)sV daserMd seal estole, dtusfad in Johnson County, Iowa, to wit: 50' x 150' barn known as the swine barn at the Johnson County 4-H Fairgrounds on Highway #218 equipped with natural gas burning heaters, said barn containing 7,500 square feet, more or less. with the improvements thereon and all rights, eammets and appurtenances thereto belonging, which, more particularly, insiludep the space and promisee as may be shown on "Exhibit A", if and as may be attached hereto, for a form of 1 ten kpg N WI& WW of the day previous to the first day of the lean Arm, which shall be on No 1s t day of Sentemhar 11 79 , oW soft Oat dds11SM en fine lad day of the loan form, which shat) be se, 0030th � June 1V B upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. 2. Rental to be paid for 10 month period in two payments: January, 1980 - $1,750 June, 1980 - $1,750 2. RINTAL Tenant agres to pay to Landlord q raefal Ar "Id feral, as fo11ewsi ! 350.00 per menti, le odrow6 IM SIM reel persaeN bosomMV dee span 211,11110 (s) IN malim a of Nb Iwsai or ane ENTSrdLYXXXXYYnr&VmXXYXXYXXYYYVVxxxw(YV = asd Na NM emaesl. per neo.. M edrsea% w No day of seeh maafh tWraafler, daring ►he form of this Maes. In addition to the above monthly rental Tanent shell also pay: for all utilities used by the Tenant All sums shall be paid at the address of Landlord, at above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time. previously dexignafe in writing. Delinquent payments shall draw inforest at 1 % per annum from the due date, until paid. 7. /O$gn$ION. Tenant shall be entitled to possession on the first day of the term of #his lease, and shall yield possession to the Landlord at the time and rMM of the clow of this Iwee farm, except as herein olherwin expressly provided. Sixty Eendlerd M sex• able A Viva pessessies M sold dole. Teent's self dossstpe sball N • ~Ing of fl@ pro rata roafol. 4. 011 OF ORSMIM Tenant covenants and agrees during the term oI This Wase to use, and to occupy the l@ased promises only for For restrictions on such use. we paragraphs 6 (c), 6(d) and I I Ibj below, S. 9111117 ENJOYMENT, Landlord covenanfe that Its estate In old premises is and that the Tenant on paying the rant heroin rommod and portorminy all the agreements by the Tenant to N pstormed as provided in this lura, shall and may peaceably have, hold and enjoy the demised premises 9 Ma farm of this Iww Lw from mdwfdion, «k#ion at disturbance by the Landlord or any other parsons or legal entity wholacever, llut we paragraph 14, bales.) Landlord, shall have the right to mortgage all of IN right, fill@. Intend in mid proteins at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF f RIMIIIS. lel Tnnf fate raid promisee Is Their present caedlllac except for such repairs and alterations as may be expressly herein provided RECEIVED A WROVED BY 29 1" T &last air aero The rlaaww= h, i it: — '® 10, W/aerfrl N w10M, OMwl�l�, Ie erMlw, 1,w }Y Mw OW 1aeaR1lOe M YMna,w. {pl, M.11N1 N" 10. I013 fI1CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIOINES d (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, structural part of the floor, wall, and other struc- lural pads of the building in good repair. Icl TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after felling possession of said premises and until the termination of this lease and the actual removal from the promises, at its own aspens,, care for and maintain said pnmfses In a reasonably sato and service, able condition, except for structural parts of the building. Tenant will furnish its own Interior and exfarior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Without limiting the generality of the foregoing, Tmat will make nanomary "pairs to ria sower, the plum►lay, ria wrier pipes mad ebctrloai wiring, except as follows: and Tenant agrees to leap feucafs closed to as to prevent ,if, of water and flooding of promises; to promptly taxa care of any leakage or stoppage in any of the water, gas or waste pipes. Than Teaaaf agrees to m610610 adeslMN beat to prevent# fro wlag of ptpma, N Gad wig H the atter forme of this Wass Be respassitlIty for hoofing gent filo Tmment. Tenant of it, own expense may install Door cover. ing and will maintain such Boor covering in good condition. Tenant will N rapnsiblo for the plate glass In the windows of the loosed premises and for maintaining fhe parkbg aran. driveways Gad sidewalks as ad GbaNial the Wood pr oats". N the Word promises Inclade fess grond Enter, and N the efker #@sass l this Ima the Ladlrd first promises�d obtained, Tenant Anil 11611141 the PIONS no strecforal alterations or Improvements witkent file wrtNan approval mf and specifications feerefor. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, City Ordi- nances or applicable municipality, the laws of the State of Iowa and the Federal government. but this provision shall not be cosafined as creating any duty by Tenant to momben of the general public. If Tenant, by the bans of this lease Is Imaging promises an the ground Door, it will not allow trash of any kind to accumulate an said pn aims in the halls, if any, or the allay or yard in front, side or rear thereof. and it will remove same from the premises at its own expense.XIXrkNMbN10NYAd)fdllkill]k 7DNx K*Xo%ON MY2krYrlLsYs7LDE$d4lGiiaYsNdGiJfllfi'WEdiiiD7Kik�Ne�x Y' °xew' ' W r The Tenant will not be responsible for snow removal. 7. (e) UTILITIES AND SEEVICn, Tenant, during the form of this lease, shell pay, before delinquency, all charger for use of tale phone, water• sewer, gas, heat, (if heating is Tenant's responsibility), electricity, power, air conditioning (if air conditioning is the Tariff's responsibility), garbage disposal, fresh disposal and not limited by the foregoing all other utilities and services of whatever Lind and nature which may be used in or upon the demised premises. Payment for electricity used by the Tenant will be made July 1 to the Landlord for the previous ten month period. lb) AIR CONDITIONING equipment shall be furnished at file expense of neither and maintenance thereof at (Landlord or Tenant) the expense of (Landlord or Tanen}) (c) JANITOR SERVICE shall be fu(nishad at the expanse of neither (Landlord or Tonerd) (d) HEATING, shall be furnished at the expense of Landlord with Tenant responsible only for ILendlard or Tenant) natural gas expense of heating. B. (al SURRENDER OF PREMISES AT SND Op TIRM—RIMOVAL OP NETURIE. Tenant egress that upon fila termination of this lease, if will surrender, yield up and deliver the leased premises in good end clean condition, except the effects of ordfna(a, w and Ia�& depredation arising from lapse of time. or damage without fault or liability of Tenant, j9Xx r .yeti"r`r`r'as"—. i.l. e7e7p LL %% (b) Tenant may, at the expiration of the farm of this lease, or renewal or renewals thereof or of a nesonable time thareaffb. I Te a�t is not in default hereunder, remove any fixtures or equipment which sold Tenant has installed in the leased premises, providing mid Tenant repairs any and all damages caused by removal. (c) HOLDING OYM Continued possession, beyond the expiratory date of the form of this loom, by the Tenant, coupled with the receipt of the, speclBod rental by the Landlord lend absent • written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assipmont of this base or nMNNmg of No prumlmas or any part thereof, wIN- out the Landlord's written permission shall, at fhe option of Ne Landlord, make the rental for Ne balance of 00 lasso farm all ad peysbb of once. Such written permission shell not be unreasonably withheld. 10. (e) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided In this paregraph 10, levied or assisted by law- ful eufhmily lbut reasonably preserving Len I r 's rights of appeal) against said net property shell be timely paid by the parties in the following proportiom: by Landlord e: by Tenant %• Bbl lacranso in such fares, except as in the next paragraph provided, above the amount paid during the base year of (base year if and as may be defined in This paragraph) shall be paid by Landlord, 100 °/.; by Tenant %• e (c) Increase in such taxes ceased by Improvements of Tenant shell be paid by Landlord 10 %: by Tenant /.. (J) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all fares. assessments or other public charges levied or assessed by lawful eufhority, (but reasonably preserving Tenant's rights of appeal) against ifs personal property on the premises, during the form of this lease, (e) SFICIAL ASSISSMINTS, Special assessment, shall be timely paid by the parties in the following proportions: by the Landlord 100 %: by the Tenant %. See paragraph //27 Sy{,.�1 IIRANC�(a) Landlord and Tenant will , lherelo, en enol properly on the premises, rams "red by ndended cove rod Tenant will procure end Ihnt effect. Such Imuronce she de payable to Ihn insurance proceeds are hereby aid and An aya61 by Tenant. ISe. Also I I(A) bnlowl (6) Tenant will not do or omit the doing of any act ienl oriel, imprnvnm.nls no Ihn promises or upon Any hi Inns. has at shell have a lien, , its respective property interests In the premise i i y in regard fused against hazards and casualties: ft, s end lhose items usually cov. to the Landlord a cedificello a respective Insurance companies 10 hernia as their into( y appear., excepf that the Tenant's share of such Landlord to a rent or other -bill than due and owing Landlord vi 1161. any insurance, or incresu the insurance miss in force upon thn roper the Tennnl upon which the Landlord by law or by the terms of j, ) Subrogation rights are not } waived "nim a special provision Is a d fo this tame. jai) Tenant further egrnm I ply with recommendations of Iowa Insurance Service Bureau and to 616 for end to promptly pay, as it. current ronlel, any leaero nsurence rules on said premi:m and on the building of which said premises are d, due to increased rids or her•rdt ,nsulling fr ,"safe uta of the premises otherwise than as herein contemplated and agreed. (el INS CE PROCEEDS. Landlord shell settle and adjust any claim against any insurance company under its, sei p sof II M 'd 1 an held b the Landlord to be used in payment Lor cost of tapeiIs it Ito premises, and said insurance monies the pn� o Y of damaged building, if the deilruclion is only pallial. jSne also I I (al, above) (7) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DCS MOIIIES I NDEMNITY AND LIABILITY INSURANCE. 6cepl ns Ic, any negligence of Ilio Inndlord, arising out of ,,of and tiro I ports ul 1 ',Jing, Tenant will protect, Indemnifyy and lave hormlets Ibn Inndlnrd from end ngnknd any and all loss• cost age and � prn•.r: uu m.iuli or arising out �f. any nccidont ur ,their occurram n rnu ;net m inllicling injury and/or dam u any penon ar 111.,11 ... re•p,n ly, hnypuning nr in, upon m about the Innsod prnmisos, nr her d4rdly or indirectly In Ills lennnc or occupancy thereof, or any port thereat by Iho Tanen any Farina claiming through or under the Tanen 1, The Tenant f r covenants and agrees that it will at in own expense procure I infain casually and liability insurance (n a repo company or companies eulhorixed to do business in the Stele of Iowa, in amounts n s than $100,000 for any one person injured, and $500,000 for any one accts Ith the limits of $25,000 for prop. "arty damage, protecting the Landlord against such clef ages, r expenses an account of Injury to any person or persons. r,r to any property belonging fo any penon or peno reason of such catua 'deal or other happening on or about the demised promises during the term thereof. Cs ' as or copies of said policies, naming the Landlar , a viding for fifteen (15) -- day' not' the Landlord before cancollatinn shall be dol;,erod to the Landlord within }wen 1 da m the date of the beginning of the term of this lease. As to insurance of the Landlord for roof and 0-c faults, son p It(a) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the event of a partial destruction or damage of the leased promisor, which is a business interference. that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60) days after Dt occurrence. this lease shall not terminale but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction. Landlord shell repair such damages within $0 days of IM occurrence unless prerenled from to doing by acts of God, the elemenfl, the Public enemy, strikes, riots, insurlocNon, government regulations• city ordinances, labor, material or transparintian shortages, or other causes beyond Land• lord's reasonable control. (bl ZONING. Should the xaning ordinance of the city or municipality in which this properly is located male it impossible for Landlord, usinq diligonl and timely effort to obtain necessary permits and to repair and/or ro6u;ld so that Tenant is nal able to conduct its business on ll,esn prcmisos, than such partial dostruction shall be treated as a total destruction as in the marl paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased promises Including the path. Ing area jif a Farling area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises or the than currant legal use for which the premises are being used and which damages cannot be repaired within sixty (601 days this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written Police of one party to the other, within twenty (20) days after such dostruction. Tenant shell surrender possession within fan 110) days after such notice Issues, and each party shall be released from all future obligations hereunder, Tenant paying rental pro rate only to the date of such destruction. In the event of such termination of this lease. Landlord at its option, may rebuild nr not, accor,lleg to its own wishes and needs. 14. CONDEMNATION. (a) DISPOSITION OP AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi-public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation• each party will than be an. filled to talo such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or talon, the Landlord shall not be liable to the Tenant except and as ill rights are preserved as in paragraph 14(al above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall terminate upon aspiration of the demised farm; or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, than This lease will terminate at the expiration of the option term or terms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the forms and provitions of this lease, this lease may at the option of the Landlord be cancelled and forfeited, PROVIDED. HOWEVER, before any such cancellation and for. fn;furo except as provided in 15(6) below, Landlord shall give Tenant a written notice specifying the default• or defaults, and stating that This lease will be cancelled and forfeited ten (10) days offer the giving of such notice, unless such default, or dofaultL are lamndlod within such grace period. jSee paragraph 22, below.) As an additional optional procedure or as an alternative to the forogoinq land neither exclusive of the other) Landlord may proceed as in paragraph 21, below. provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenants leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of law, but not by death• and such bankruptcy, judicial sale or transfer has not been vacated or set aside wilhfn Ian (10) days from the giving of notice thereof by Landlord to Tenant, than and In any such events. Landlord may. at Its option, immediately f.oninafe this loose, re-enter said premises, upon allying of ten 1101 days' written notice by Landlord to Tenant. jcl In (a) and (b) above• waiver as to any default shall not constitute a waiver of any subsoquent default or defaults. (d) Acceptance of lays, advertising and r -ranting by the Landlord upon the Tenant's default shell be construed only as an effort to MID. gala damages by the Landlord, and not as an agreement to terminate this lame. 16. RIGHT OF EITHER PARTY TO MAKE 0000 ANY DEFAULT OF THE OTHER. If default shell be made by either party in the performance of, or compliance with, any of the terms. covenants or conditions of this lease, and such default shell have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other romodie now or hereafter provided by law, may, but need not, perform such term, covenanf or condition, or male good such dofaull and any amount advanced shall be repaid forthwith on demand, together with Wares at the rata of 9 __% per annum, from date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching. affixing, painting or exhibiting signs an the leased promises, proAded only (I) that any and all signs shell comply with the ordinances of the city or municipality in which the properly is located anal laws of the Slate of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when talon down shall not damage the building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shell not be unreasonably 0441st. (b) Landlord during the last ninely (90) days of this lease, or extension, shell have the right to maintain in the windows or on the build. Ing or rim the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective fenanis or buyers to anter and examine the premises. 18. MECHANIC'S LIENS. Neither the Tenant not anyone claiming by, through, or under the Tenant, shall have the right to file or place any machanic's lion or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement there• on, or upon the leasehold interest of the Tenant therein, and notice is hereby gtyen that no contractor, sub•contraclor, or anyone else who may furnith any material, service or labor for any building, imrrovemenl s. alteration, repairs or any pert thereof, shall at any time be or becamc entitled to any lion thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof it advance• to any and all contractors and tub contractors who may furnish or agree to furnish any such material, service at labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord shell have, in add;l;cn to the lien given by law, a security, interest as provided by the Uniform Commercial Code of Iowa, upon all personal properly and all substitutions therefor• lept and used on said premises by Tenant. Landlord may proceed at law or In equity with any remedy provided by law or by this loose for the recovery of rant, or for termination of this lease because of Tenant's default In ih performance, (b) SPOUSE. If spouse is not a Tenant, than the execution of this instrumant by the spouse shall be for the tole purpose of crneling a security interest on personal property and waiving rights of homestead• rights of distributive share• and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, RTC. (a) The Tenant shell have the right, from lime to lima, during The form of this lama, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said dom4od premises, when in the judgment of The Tenant it shell have become obsolete, outworn or unnecessary in connocUon with the operation of the business an said premises; provided• however. that The Tenant shall, in such instance (unlatf no substituted article or from is necessary) at its own epeme, substitute for such items of personal property so told or otherwise dispoted of, a now or other item in substitution thereof, in Ilia or greeter value and adopted to the effiud operation of the butinet upon the demigod premise. (b) Nothing herein contained &hall be contlrued as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business. cgnl%, loll M TM I... U.I. ex" 4nsltlbn. ni p�'llnur Prinbilip'1n wrlllne�ln�l TM I. 11.11..., Ao-1lillii 131 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES 21. RN*M CUMULATML The various rlghte, powers, options, elections and remedies of either party. provided In this fears, shell be construed as cumulative end no can of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shell in no way affect or impair the right of either darty to pursue any other equitable or legal remady to which either party may be entitled as long as any default remains in any way unremedied. unsatisfied or undischarged, 22. NOTICE$ AND DEMANDS. Maticaa as peeldad for Is This lana shell be given to the respective parties hereto of the respective addressee designated on page one of this lease unless either party notifies the other, in writing, of a different address. With, out prejudice to any other method of notifying a party in writing or making a demand ar other communication. such massage shell bre considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United State mail and so deposited in a United Stales mail bos. 23. PROVISIONS TO RIND AND UNEPIT SUCCENORS, ASSIGNS, RTC. Each and every covenant and agreement heroin sacs. tained shell extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the partics hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shell be the surviving faint tenant. 24. CHANES TO $E IN WRITING. None of the covenants, provisions. terms or conditinns of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified. waived or abandoned, except by a written instrument duly signed by the parties and de0vared to the Landlord and Tenant. This leap sentries Tha whale agreenant of The parties. 25. RELEASE OF DOWER. Spouse of Landlord, appears as a per fy ifgnatory to this leets tofor the purpose of releasing dower, ar distributive there, unless said spoum Is also a co-owner of an interest In the leased promises. 26. CONSTRUCTION. Words and phrases heroin. including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 27. Landlord agrees to assume liability for any and all loss, costs, dam— age, and expenses occasioned by or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or prop— erty, happening or done, in, upon, or about the leased premises, except that Landlord shall have no liability for any loss, costs, damages or expenses to Tenant or its employees or to Tenant's or its employees' property incurred by Tenant or its employees in, upon, or about the leased premises when such loss, costs, damage and expenses are directly caused by the negligence of the Tenant or its employees and the Tenant shall further hold the Landlord harmless for any loss of Tenant's or its employees' property in the event of fire, theft, malicious mischief or vandalism. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in T&Uwrs SPOUSE Esta Iti Itihn INDIVIDUAL I- +a• STATE OF r COUNTY OF SS' TENANT :,� obert A. Vevera Mayor + On this day of 19_� before me, the undersigned, a Nolery flublic in and for said County and ems I- row ss Stele, personally appeared and to me personally known to be the Identical persons named in and who executed the within and foregoing instrument, and acknowldged that they executed the tame as their voluntary act and dad. (SEAL) _.,..._._.._� Notary Public in and for said County and Stale CORPORATION. STATE OF Iowa _ COUNTY OF Johnson 155. On this day of A. D. 19 before me, the undersigned a Notary Public In and for mid County and Stale, personally appeared Robert A. Vevera and Abbie $toff UH to me, personally known, who being by me duly sworn, did say that they are the Mavor shows . City Clerk end -respectively, of said corporation executing the .;thin and foregoing Instrument, }hat Ino teal het been procured by Ina afd� corporation; that said instrument was signed (end sealed( on waxen,"Ill as efrend Thereto is the seal of Wed rr„ x vie babel( of said corporation by authority of its Board of Directors: and hat the mid Rohert Vevera _ and Ahhi p .Stolfus as such officers acinowlodged the execution of said instrument to be the voluntary act and doed of said cvporanrn by it and by them voluntarily executed. ISEAL) Notary Public In and for raid County and State FIDUCIARY STATE OF COUNTY OJ55. F On Ihia day of JJJ A. D. 19 before me, the undersigned, a Notary Public in and for said County in said State personally appeared as Executor of the Estate of Deceased, to me known to be the identical ponos named in and who emcufed the foregoing instrument and acinowlodged that.he executed the same as the voluntary set and deed of himself and of such fiduciary. (SEAL) ._ _.—._. Notary Public in and for said County and Stab PARTNER STATE OF COUNTY OF }S5. On this day of 7117 A. D. 19—, before me, the undenignad, n Notary Public in and for said County and Stab personally appeared and to me personally known, who, being by me duly sworn, did say that he Is (they are) momberls) of the Partnership executing the within and foregoing Instrument and acknowledged that Iha) (they) executed the same as the voluntary act and deed of said capadmirls) by (him) liberal and by told partnership voluntarily executed. __.__�._.... Notary Public in and for said County and Stale For acknowledgment as a corporate fiduciary sots obverse side of Court Officer Deed (Official Form No, 101(. J 14) NICREIFILMED BY JORM MICROLAB CEDAR RAPIDS -DES mitics .. Council Member er _ introduced the following Resolution entitled 'RENON DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member motion to ado t. `� PfOS�e seconded the P The roll was called and the vote was, AYES: co 4 -- NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 79-456 RESOLUTION DIRECTING THE DELIVERY . OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the I delivery of Construction Warrants issued pursuant to Section 389.57 the City'Code of Iowa, bearing interest at seven percent (78) per annum; and � I i I I I t I i I Council Member er _ introduced the following Resolution entitled 'RENON DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member motion to ado t. `� PfOS�e seconded the P The roll was called and the vote was, AYES: co 4 -- NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 79-456 RESOLUTION DIRECTING THE DELIVERY . OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the I delivery of Construction Warrants issued pursuant to Section 389.57 the City'Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten .percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: Cedar Hills Construction S 9,012.72 -2- AHLERS, COONEY. DORWEILER. HAYNIE A SMITH, LAWYERS, OES MOINES. IOWA MICROFILMED BY JORM MICROLAS CEDAR RAPIDS -DES 140111ES IQ � I i I I I t lII I f i �j I hi j 1 � ( I WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten .percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: Cedar Hills Construction S 9,012.72 -2- AHLERS, COONEY. DORWEILER. HAYNIE A SMITH, LAWYERS, OES MOINES. IOWA MICROFILMED BY JORM MICROLAS CEDAR RAPIDS -DES 140111ES IQ and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT N0, TO DATE AMOUNT 02 Cedar Hills Construction 09/01/79 $9,012.72 -3- AHLERS, COONEY. DORWEILER, HAYNIE & SMITH, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES 19 PASSED AND APPROVED, this J q+k day of Mayor ATTEST: Clerk (SEAL) -4- A HLERS. COONEY. DORW FILER, FIAYNIE S SMITH. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES No. 02 $ 9,012.72 UNITED STATES OF AMERICA STATE OF IOWA CITY OF•IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Cedar Hills Constructiolaf Oxford, Iowa I its successors or assigns, the sum o 9,012.72 wit interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 SDI Second Addition Improvements, of said City, being constructed under contract dated September 1 , 19 79, and issued under authority of Section 384.57 of the City Code of Iowa. The City' of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the ItT day of ,� c+, 197 CITY OF OFFi IOWA/ CITY, IOWA (SEAL) ATT8ST: Mayor ff.Il Clerk Thisc�- - This instrument presented and not paid for want of funds this jSr day of S��rie:�El^� , 19'1`' I , J) �O�-a�j _c•� FINANCE DIRECTOR M AHLERS. COONEY•. DORWCILER. HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 70-4/5-7 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING POSITIONS Ake -7" WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of four full time bus driver positions in the Transit Division in Range 4 of the Classified Pay Plan. 2. The addition of two part time (30 hours) bus driver positions in the Transit Division in Range 4 of the Classified Pay Plan. It was moved by 8, ernsse. and seconded by��eu(,nueev that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer ✓ deProsse v Erdahl ✓ Neuhauser ✓ Perret ✓ Roberts ✓ Vevera Passed and approved this IYa"` day of1979. May r ATTEST: Vl�l �G� Ci�lerkLr I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 10/ Es f, ii i .r + + i + + RESOLUTION NO. 70-4/5-7 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING POSITIONS Ake -7" WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of four full time bus driver positions in the Transit Division in Range 4 of the Classified Pay Plan. 2. The addition of two part time (30 hours) bus driver positions in the Transit Division in Range 4 of the Classified Pay Plan. It was moved by 8, ernsse. and seconded by��eu(,nueev that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer ✓ deProsse v Erdahl ✓ Neuhauser ✓ Perret ✓ Roberts ✓ Vevera Passed and approved this IYa"` day of1979. May r ATTEST: Vl�l �G� Ci�lerkLr I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 10/ Es RESOLUTION NO. 257 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and C, WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that { Resolution No. 79-98 be amended by: F I_ } i i j , I C F I_ } i i j { 1. The addition of one part time (30 hours) Maintenance Worker II position in the Transit Division in Range 4 of the Classified Pay Plan. It was moved by ciep(,ossc' and seconded by I eey WILDSP✓ that the Resolution be adopted, and upon roll call there were: AYES: ✓ NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts ✓ Vevera t Passed and approved this I 1979. day Jof S�b^�em�' Mayor jK__4 �rity Clerk 14 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES RECEIVED b LPIDOVED DTT)A LEGAL DEI'LIiTMT - Zhu/ I ')City of Iowa Cite-) MEMORANDUM Date: August 17, 1979 To: June Higdon, Personnel Specialist From: Hugh Mose, Transit Manager '11'11 j Re: New Transit Maintenance Worker Position June, this memo will confirm our conversation of Tuesday, August 7, at which time we discussed the need for reorganizing our Maintenance Worker - Transit positions. We currently have an Evening Service Crew consisting of three persons: one full-time MW II and two part-time MW I's. This staff is responsible for the day-to-day servicing (washing and cleaning) of 20 buses, plus maintaining the bus barn office and garage in a clean and orderly fashion. At the present time they are hopelessly overworked. Therefore, it is requested that we be allowed to hire an additional part-time MW II. Without going into great detail, this additional position is needed for the following reasons: I. During the summer months a three-person crew can keep up with the work reasonably well. However, during winter weather two part-time and one full-time employees cannot begin to cope with the overwhelming workload. This past winter the crew regularly worked well past their normal quitting time-, the full-time MW II averaged practically 50 hours per week, and the part-time employees worked very close to 40 hours. Even with these extended hours there was a large amount of work that never got done. 2. Because the Evening Service Crew was so hopelessly overworked, we hired two temporary employees ostensibly for the duration of the winter. However, because so much work was deferred during the winter months, we have been playing catch-up ever since, and so we still have a temporary employee working with us. Because we will soon be into the winter season again, it appears that we Pial Pave at least one temporary employee on board continually r m ere on. 3. Having a crew consisting of only three individuals in itself generates all sorts of problems. For instance, because we are a six-day operation, and each employee is only scheduled to work five, three days of the week we only have two persons scheduled to work. Should one of the scheduled persons call in sick, or be on vacation, then we only have one service person, and this is simply inadequate. When this happens, we are forced to draft a driver to do clean-up work, and this practice is both unpopular and expensive. Because we have such a turnover in the MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES . 4 p Transit Division, there is a certain percentage of the time that one of the Maintenance Worker positions is vacant. This only exacerbates the problem of understaffing and our inability to get the work done. 4. Because of rapidly increasing public demand for transit service, in another week we will expand our system to put more buses on the street. More buses on the street during the day means more buses to be cleaned at the bus barn at night. Over the past two and a half years our ridership has increased by almost 35%; the number of drivers has increased from 35 to 46; our Evening Service Crew has not expanded at all - in fact we are currently working fewer manhours than we were in 1977. Another factor that must not be overlooked is our continuing acquisition of bus shelters. These structures will require a certain amount of periodic maintenance which will certainly fall to the Transit Division. Without an increase in staff we will simply be unable to provide upkeep for these shelters. 5. Operating buses in the evening has thrust our MW II position into some responsibilities that were not envisioned when the position was created, namely overseeing the operation of six buses out on the street until 10:00 PM. At such times that the MW II is on his meal break, or his day off, or on vacation, the responsibility for the overall operation rests with a MW I, often i a person ill-equipped to deal with any emergency situation. It would be highly desirable to have a second MW II on board, so that when our Evening Service Group leader is off duty, there is still a trained individual available to take responsibility should the need arise. June, the bottom line is that we need another MW II position. For the reasons listed above it is imperative that we acquire some additional manpower, someone who can fill in for our MW II when he is not working, and someone who can assist with the continually increasing workload. I think this need can best be filled with the hiring of an additional part-time Maintenance Worker II. I have attached a position request form. If you should need additional information, please contact me as soon as possible. Otherwise, take whatever steps are needed to expedite this matter. bj5/6-7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES